Can You Go to Jail for Reckless Driving in Virginia?

 Posted on August 12, 2026 in Traffic Violations

In Virginia reckless driving is treated more seriously than a normal traffic ticket. Certain speeding offenses and other dangerous driving behaviors can lead to a criminal charge, which may result in fines, a license suspension, and possible jail time.

However, a reckless driving charge does not mean you will automatically go to jail. The outcome can depend on the type of reckless driving, your speed, what happened on the road, and the facts of your case. 

If you are charged with reckless driving in 2026, our Virginia Beach criminal defense lawyer can explain the charge and help you decide what to do next.

When Is Speeding Considered Reckless Driving in Virginia?

Speeding can become a reckless driving charge even when there is no crash. Under Virginia Code § 46.2-862, you can be charged with reckless driving for driving:

• 20 mph or more over the speed limit

• More than 85 mph, no matter what the posted speed limit is

For example, driving 86 mph in a 70-mph zone can be reckless driving. While you may be only 16 mph over the limit, you are still driving faster than 85 mph.

Speed is not the only reason you can face this charge. Virginia Code § 46.2-852 states that driving in a way that puts another person or their property in danger can also be considered reckless driving. Driving too fast for current road and traffic conditions can also qualify, even if you are below the posted speed limit.

What Are the Penalties for Reckless Driving in Virginia?

Most reckless driving charges in Virginia are Class 1 misdemeanors. A misdemeanor is a criminal offense, which means that reckless driving is different from a basic traffic ticket.

According to Virginia Code § 18.2-11, the possible penalties for a Class 1 misdemeanor include:

• Up to 12 months in jail

• A fine of up to $2,500

• Both jail time and a fine

These are the maximum penalties, but this does not mean every person convicted of reckless driving will receive the maximum sentence.

A reckless driving conviction can also affect your driver's license. In many cases, a court may suspend your license for a period set by Virginia law. The Virginia Department of Motor Vehicles also treats most reckless driving offenses as six-point violations. The result of this is that many reckless driving convictions stay on a Virginia DMV driving record for 11 years.

Will I Have to Go to Jail for Reckless Driving in Virginia?

In general, judges have a lot of discretion when deciding penalties for reckless driving, regardless of whether it’s a misdemeanor or felony charge. There is no set speed or type of reckless driving that automatically requires jail for the standard Class 1 misdemeanor offense. 

Practically speaking, however, lower speeds are less likely to result in jail time. Driving close to 100 mph is a different story; many judges will order jail time for that. If the reckless driving resulted in property damage or injuries to other people, prosecutors almost always ask for jail as part of the penalty. 

If the reckless driving involves the death of another person while driving with a suspended or revoked license, it can be charged as a Class 6 felony at minimum. This allows one to five years in jail or prison, and could involve significantly more if the charge involves felony racing or involuntary manslaughter. 

Can a Reckless Driving Charge in Virginia Be Reduced?

Some reckless driving cases can result in a lesser charge. For example, one possibility under Virginia law is the lesser charge of improper driving.

Under Virginia Code § 46.2-869, a court may find a person guilty of improper driving instead of reckless driving when the person's level of fault is slight. An attorney for the Commonwealth may also choose to reduce a reckless driving charge to improper driving.

Improper driving is a traffic infraction, unlike reckless driving, and the maximum fine is $500. However, a reduction is never guaranteed and depends on the circumstances. 

What Should I Do After Getting a Reckless Driving Charge in Virginia?

A reckless driving charge should be taken seriously. Paying a normal traffic ticket may seem simple, but reckless driving can also involve criminal penalties.

Start by reading the summons or other paperwork you received. Make note of your court date and keep any records that could be useful to your case.

It can also help to speak with a criminal defense lawyer before going to court. A lawyer may review how your speed was measured, what the officer reported, and any other evidence related to the charge.

Contact a Virginia Beach Reckless Driving Lawyer

A reckless driving charge can put your license and driving record at risk. It can also carry criminal penalties, including possible jail time. Having someone explain the process can help you understand what you are facing.

Attorney Vincent Castellano is a former public defender who works directly with clients facing criminal and traffic charges. He also offers 24/7 legal services at good value.

Contact Castellano Law Firm PLLC or call 757-724-0073 to schedule a free consultation with a Chesapeake reckless driving attorney.